Introduction

Constitution is a system of fundamental laws and principles that prescribes the nature, functions and

limits of a government or another institution. The Constitution of the Islamic Republic of Pakistan is

the supreme law of the State of Pakistan. The Constitution is supreme document of Pakistan which

identifies the state, people and their fundamental rights, state's constitutional law and orders and also

the constitutional structure and establishment of the institutions, country's armed forces, qualification,

disqualification of parliament members, economic procedures etc. Constitution was prepared after

long struggle. Several steps were taken initially for preparation of constitution in which Objective

Resolution considered as basic design for constitution because it provided basic rules and platform

which were used in all constitutions of Pakistan. After that three constitutions 1956, 1662 and 1973

were brought into country. Currently country is being governed by 1973 constitution of Pakistan.

First point of objective Resolution

Sovereignty belongs to Allah alone; but He has delegated it to the State of Pakistan through its people for being exercised within the limits prescribed by Him as a sacred trust.

Explanation:

The first principle declared that Allah is the sole ruler of the universe and the sovereignty belongs to

Almighty Allah. Sovereignty of God as the distinctive political philosophy and the primary feature of

the Islamic political system that the God Almighty is the source of authority and power for the entire

universe. This notion that the authority or the sovereignty belongs to Allah is different from the

notions that is practiced in the Western Democracy. The Western democracy gives the notion that

sovereignty lies in the people but this Resolution is important having the concept of the sovereignty

of God. It clarified that people would utilize powers gifted by God so they would have to work within

the limits prescribed by Him which is the source of ultimate power and authority in this world. The

Objective Resolution and later on the all the constitutions of Pakistan recognized this principle. In

fact, this sentence that the sovereignty belongs to Almighty Allah is incorporated in all the

constitutions of Pakistan. The exercise of the powers is a sacred trust.

1973 Constitution of Pakistan

1973 Constitution was approved by the legislative assembly on April 10 and imposed on 14 August

1973 so country is being governed by this Constitution. Constitution was drafted by the government

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of Zulfikar Ali Bhutto, with an additionally assistance from the country's opposition parties, it was

approved by the legislative assembly on April 10 and ratified on 14 August 1973 so country is being

governed by 1973 Constitution. The first six articles of the constitution outlines the political

system as federal parliamentary republic system; as well as Islam as its state religion. The

Constitution guides Pakistan's law and its political culture, system and its physical existence. 24

amendments have been brought into constitution.

Articles 61, 62, 63 of constitution

61.The provisions of clauses (2) to (7) of Article 53, clauses (2) and (3) of Article 54 and Article 55

shall apply to the Senate as they apply to the National Assembly and, in their application to the

Senate, shall have effect as if references therein to the National Assembly, Speaker and Deputy

Speaker were references, respectively, to the Senate Chairman and Deputy Chairman 2[and as if, in

the proviso to the said clause (2) of Article 54, for the words 3[one hundred and thirty] the words

4[one hundred and ten] were substituted].

Provisions as to Members of 5[Majlis-e-Shoora (Parliament)]

.Qualifications for membership of Majlis-e-Shoora(Parliament)

62. (1) A person shall not be qualified to be elected or chosen as a member of Majlis-e-Shoora

(Parliament) unless—

(a) he is a citizen of Pakistan;

(b) he is, in the case of the National Assembly, not less than twenty-five years of age and is

enrolled as a voter in any electoral roll in—

(i) any part of Pakistan, for election to a general seat or a seat reserved for non-Muslims;

and

(ii) any area in a Province from which she seeks membership for election to a seat

reserved for women.

(c) he is, in the case of the Senate, not less than thirty years of age and is enrolled as a voter in

any area in a Province or, as the case may be, the Federal Capital or the Federally

Administered Tribal Areas, from where he seeks membership

(d) he is of good character and is not commonly known as one who violates Islamic Injunctions;

(e) he has adequate knowledge of Islamic teachings and practices obligatory duties prescribed by

Islam as well as abstains from major sins;

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(f) he is sagacious, righteous, non-profligate, honest and ameen, there being no declaration to the

contrary by a court of law; and

(g) he has not, after the establishment of Pakistan, worked against the integrity of country or

opposed the ideology of Pakistan.

(2) The disqualifications specified in paragraphs (d) and (e) shall not apply to a person who is a

non-Muslim, but such a person shall have good moral reputation.]

Disqualifications for membership of Majlis-e-Shoora(Parliament)

63. (1) A person shall be disqualified from being elected or chosen as, and from being, a member of

the Majlis-e-Shoora (Parliament), if—

(a) he is of unsound mind and has been so declared by a competent court; or

(b) he is an undischarged insolvent; or

(c) he ceases to be a citizen of Pakistan, or acquires the citizenship of a foreign State; or

(d) he holds an office of profit in the service of Pakistan other than an office declared by law not

to disqualify its holder

(e) he is in the service of any statutory body or any body which is owned or controlled by the

Government or in which the Government has a controlling share or interest; or

(f) being a citizen of Pakistan by virtue of section 14B of the Pakistan Citizenship Act, 1951 (II

of 1951), he is for the time being disqualified under any law in force in Azad Jammu and

Kashmir from being elected as a member of the Legislative Assembly of Azad Jammu and

Kashmir; or

(g) he has been convicted by a court of competent jurisdiction for propagating any opinion, or

acting in any manner, prejudicial to the ideology of Pakistan, or the sovereignty, integrity or

security of Pakistan, or the integrity, or independence of the judiciary of Pakistan, or which

defames or brings into ridicule the judiciary or the Armed Forces of Pakistan, unless a period

of five years has lapsed since his release; or

(h) he has been, on conviction for any offence involving moral turpitude, sentenced to

imprisonment for a term of not less than two years, unless a period of five years has elapsed

since his release; or

(i) he has been dismissed from the service of Pakistan or service of a corporation or office set up

or, controlled by the Federal Government, Provincial Government or a Local Government on

the grounds of misconduct, unless a period of five years has elapsed since his dismissal; or

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(j) he has been removed or compulsorily retired from the service of Pakistan or service of a

corporation or office set up or controlled by the Federal Government, Provincial Government

or a Local Government on the ground of misconduct, unless a period of three years has

elapsed since his removal or compulsory retirement; or

(k) he has been in the service of Pakistan or of any statutory body or any body which is owned or

controlled by the Government or in which the Government has a controlling share or interest,

unless a period of two years has elapsed since he ceased to be in such service; or

(l) he, whether by himself or by any person or body of persons in trust for him or for his benefit

or on his account or as a member of a Hindu undivided family, has any share or interest in a

contract, not being a contract between a cooperative society and Government, for the supply

of goods to, or for the execution of any contract or for the performance of any service

undertaken by, Government:

Provided that the disqualification under this paragraph shall not apply to a person—

(i) where the share or interest in the contract devolves on him by inheritance or succession or as a

legatee, executor or administrator, until the expiration of six months after it has so devolved

on him;

(ii) where the contract has been entered into by or onbehalf of a public company as defined in the

Companies Ordinance, 1984 (XLVII of 1984), of which he is a shareholder but is not a

director holding an office of profit under the company; or

(iii) where he is a member of a Hindu undivided family and the contract has been entered

into by any other member of that family in the course of carrying on a separate business in

which he has no share or interest;

Explanation.—In this Article ―goods‖ does not include agricultural produce or commodity grown or

produced by him or such goods as he is, under any directive of Government or any law for the time

being in force, under a duty or obligation to supply; or

(m) he holds any office of profit in the service of Pakistan other than the following offices,

namely :—

(i) an office which is not whole time office remunerated either by salary or by fee;

(ii) the office of Lumbardar, whether called by this or any other title;

(iii ) the Qaumi Razakars;

(i) any office the holder whereof, by virtue of such office, is liable to be called up 4

for military training or military service under any law providing for the

constitution or raising of a Force; or

(n) he has obtained a loan for an amount of two million rupees or more, from any bank, financial

institution, cooperative society or cooperative body in his own name or in the name of his

spouse or any of his dependents, which remains unpaid for more than one year from the due

date, or has got such loan written off; or

(o) he or his spouse or any of his dependents has defaulted in payment of government dues and

utility expenses, including telephone, electricity, gas and water charges in excess of ten

thousand rupees, for over six months, at the time of filing his nomination papers; or

(p) he is for the time being disqualified from being elected or chosen as a member of the Majlis-

e-Shoora Parliament) or of a Provincial Assembly under any law for the time being in force.

Explanation: For the purposes of this paragraph―law‖ shall not include an Ordinance promulgated

under Article 89 or Article 128.

(2) If any question arises whether a member of the Majlis-e-Shoora (Parliament) has become

disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, unless he

decides that no such question has arisen, refer the question to the Election Commission within thirty

days and if he fails to do so within the aforesaid period it shall be deemed to have been referred to the

Election Commission.

(3) The Election Commission shall decide the question within ninety days from its receipt or deemed

to have been received and if it is of the opinion that the member has become disqualified, he shall

cease to be a member and his seat shall become vacant.]

Disqualification on grounds of defection etc.

63A. (1) If a member of a Parliamentary Party composed of a single political party in a House—

(a) resigns from membership of his political party or joins another Parliamentary party; or

(b) votes or abstains from voting in the House contrary to any direction issued by the

Parliamentary Party to which he belongs, in relation to—

(i) election of the Prime Minister or the Chief Minister; or

(ii) a vote of confidence or a vote of no-confidence; or

(iii) a Money Bill or a Constitution (Amendment) Bill;

he may be declared in writing by the Party Head to have defected from the political party, and

the Party Head may forward a copy of the declaration to the Presiding Officer and the Chief 5

Election Commissioner and shall similarly forward a copy thereof to the member concerned :

Provided that before making the declaration, the Party Head shall provide such member with an

opportunity to show cause as to why such declaration may not be made against him.

Explanation.— ―Party Head‖ means any person, by whatever name called, declared as such by the

Party.

(2) A member of a House shall be deemed to be a member of a Parliamentary Party if he, having been

elected as a candidate or nominee of a political party which constitutes the Parliamentary Party in the

House or, having been elected otherwise than as a candidate or nominee of a political party, has

become a member of such Parliamentary Party after such election by means of a declaration in

writing.

(3) Upon receipt of the declaration under clause (1), the Presiding Officer of the House shall within

two days refer, and in case he fails to do so it shall be deemed that he has referred, the declaration to

the Chief Election Commissioner who shall lay the declaration before the Election Commission for

its decision thereon confirming the declaration or otherwise within thirty days of its receipt by the

Chief Election Commissioner.

(4) Where the Election Commission confirms the declaration, the member referred to in clause (1)

shall cease to be a member of the House and his seat shall become vacant.

(5) Any party aggrieved by the decision of the Election Commission may, within thirty days, prefer

an appeal to the Supreme Court which shall decide the matter within ninety days from the date of the

filing of the appeal.

(6) Nothing contained in this Article shall apply to the Chairman or Speaker of a House.

(7) For the purpose of this Article,—

(a) "House" means the National Assembly or the Senate, in relation to the Federation; and a

Provincial assembly in relation to the Province, as the case may be;

(b) "Presiding Officer" means the Speaker of the National Assembly, the Chairman of the

Senate or the Speaker of the Provincial Assembly, as the case may be.

(8) Article 63A substituted as aforesaid shall comes into effect from the next general elections to be

held after the commencement of the Constitution (Eighteenth Amendment) Act, 2010:

Provided that till Article 63A substituted as aforesaid comes into effect the provisions of

existing Article 63A shall remain operative.

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Explanation:

Articles 61, 62, 63 of 1973 constitution

Article 61 of 1973 constitution expressed about the Senate, National Assembly, Speaker and Deputy

Speaker of National Assembly. Laws have been defined that how assembly elects another speaker

and deputy speaker after process of general elections. Oath taking process of above mentioned chairs

and deputy speaker would act in absence of speaker. So article 61 deals with the Senate, National

Assembly, Speaker and deputy speaker.

Article 62 of 1973 constitution mentioned about qualification and disqualification rules for

parliamentarians. If a person wants to be the member of assembly then he must be citizen of Pakistan,

not less than twenty-five years of age and is enrolled as a voter in any electoral roll but in the case of

Senate seat he must be Pakistani and not less than thirty years of age and is enrolled as a voter in any

area in a Province or Federal Capital or the Federally Administered Tribal Areas. He must have good

character and did not violate Islamic command, adequate knowledge of Islamic teachings, practices

obligatory duties prescribed by Islam, abstains from major sins. He must be sagacious, righteous,

non-profligate, honest and amen and not guilty by any court. He must not be worked against the

integrity of country or opposed the ideology of Pakistan. Qualification and disqualification for

electing the person as a parliamentarian indicated in article.

In 63 article of 1973 constitution disqualifications for membership of Parliament (Majlis-e-Shoora)

has also been mentioned in detail. A person shall be disqualified from being elected or chosen or

from being a member of the Parliament if he is of unsound mind, declared convict by a competent

court, undischarged insolvent, he ceases to be a citizen of Pakistan, or acquires the citizenship of a

foreign State, he holds an office of profit in the service of Pakistan other than an office declared by

law, he is in the service of any legal body or any body which is owned or controlled by the

Government or in which the Government has a controlling share or interest. He would also be

disqualified if being a citizen of Pakistani but elected as a member of the Legislative Assembly of

Azad Jammu and Kashmir. He would be disqualified if talked against or any negative comments

about ideology of Pakistan or the sovereignty, integrity or security of Pakistan. Against integrity or

independence of the judiciary of Pakistan or which defames or ridicule the judiciary or the Armed

Forces of Pakistan. He also disqualified if convicted for any offence involving moral turpitude,

sentenced to imprisonment for a term of not less than two years.

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He would be disqualified if dismissed or removed or compulsorily retired from the service of

Pakistan or office set up controlled by the Federal Government, Provincial Government or a Local

Government on the grounds of misconduct. He would be considered disqualified if take loan for an

amount of two million rupees or more in own name or in the name of his spouse or any of his

dependents and not returned or he or his spouse or any of his dependents has defaulted in payment of

government dues and utility expenses, including telephone, electricity, gas and water charges in

excess of ten thousand rupees, for over six months or he is for the time being disqualified from being

elected or chosen as a member of the Majlis-e-Shoora Parliament) or of a Provincial Assembly under

any law for the time being in force.

In this article some provisions were also mentioned in which disqualification over a person shall not

apply where the share or interest in the contract devolves on him by inheritance or succession or as a

legatee, executor or administrator, until the expiration of six months after it has so devolved on him;

where the contract has been entered into by or on behalf of a public company as defined in the

Companies Ordinance, 1984 (XLVII of 1984.

If he holds any office of profit in the service of Pakistan which is not whole time office remunerated

either by salary or by fee, the office of Lumbardar, the Qaumi Razakars, office the holder whereof, by

virtue of such office, is liable to be called up for military training or military service under any law

providing for the constitution or raising of a Force.

Disqualification on grounds of defection also mentioned in article 63 of constitution in which it is

said that if a member of a Parliamentary Party composed of a single political party in a House,

resigns from membership of his political party or joins another Parliamentary party or votes or

abstains from voting in the House contrary to any direction issued by the Parliamentary Party to

which he belongs. Some rules of disqualification mentioned regarding the political party attachment

and detachment in which role of assembly and election commission also mentioned.

How a parliament member can be disqualified if he failed to fulfill the national and

people’s interest?

According to article 62 and 63 constitution of Pakistan that if parliament member failed to preserve

and serve people and country then he would be disqualified because it is stated clearly in the article

that parliament member must be of good character, adequate knowledge of Islamic teachings and

abstains from major sins. Parliament member must be sagacious, righteous, non-profligate, honest

and ameen, there being no declaration to the contrary by a court of law. So if he it is the 8

responsibility of parliament member that he has to serve the people and country. It is also mentioned

in constitution that parliamentarian should be sincere with people, country and ideology of Pakistan.

Parliamentarian has to serve people at any cost because he also gets salary on the account of serving

people and country. Especially in the process of democracy in which people elected on the basis of

their performance so if they failed to perform they would not be eligible for being a parliamentarian.

Parliament members are considered as the people’s representatives in assembly and foreign countries

so people elect those people who can serve them and country and also play their role in development

of area otherwise these elected members are futile for people and country because on one side they

gets facilities on the behalf of serving people and country and on other hand they would not serve so

constitution of Pakistan reject such people.

Conclusion:

Constitution of Pakistan is a code of living in country. Constitution have all content that are necessary

and according to the demands and requirements of people and those are foundation of country in

which almost all problems have been resolved. Constitution has provided laws about State, people

and their fundamental rights, state's constitutional law and orders and also the constitutional structure

and establishment of the institutions, country's armed forces, qualification, disqualification of

parliament members, economic procedures etc. Thus there is no lack of laws in constitution but there

is need of proper implementation because it was observed for years that laws were not implemented

properly in the country which created problems in country. It can be said that if the constitution of

Pakistan purely implemented in country with its real sprit then country will progress with passage of

time because Pakistan has lot of resources and potential.

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